Howard Kenison Presentations, Publications, and Representative Cases

Presentations

White paper, Environmental Issues and the Rule of Law (International Rule of Law Symposium: a Plan for Action, New York, NY)

Governance Through Guidance: Administrative Rulemaking By Interpretation (Rocky Mountain Mineral Law Foundation's Special Institute on Natural Resources & Environmental Administrative Law and Procedure)

Colorado's Voluntary Clean-Up Program (Colorado County Attorney's Association's Winter Seminar)

Recent Supreme Court Cases and Trends In Environmental Law (Colorado Rural Electric Association)

The Environmental Lawyer and Consultant: The Evolving Relationship (Colorado Bar Association Environmental Law Section

Implementation of the Clean Air Act's Visibility Regulations involving the Mount Zirkel Wilderness Area and the Yampa Valley Colorado Generating Stations (National Rural Electric Environmental Association)

Defending Environmental Citizen Suite: The Sierra Club's Citizen Suits Against The Yampa Valley Generating Stations (Lindquist & Vennum Environmental Series for Clients)

Reporter: Conference on Environmental Priorities in Southeast Asian Nations; Bangkok, Thailand

Program Co-Chair: 23rd Annual Conference on the Environment; U.S. Implementation of the Rio Agreements and Agenda 21; Washington, D.C.

Program Chair: 22nd Annual Conference on the Environment: Public Participation in Environmental Decision-Making; Washington, D.C.

Consensual Approaches to Resolving Public Environmental Disputes (Transportation Research Board Annual Workshop on Transportation Law; Santa Fe, New Mexico)

Panel Moderator: Trade and the Environment in Pacific Rim Nations; Hong Kong

Public Participation and Environmental Management (Silicon Valley Institute Projexpo; San Jose, California)

Transportation Agency Environmental Liability (Transportation Research Board Annual Conference; Washington, D.C.)

Environmental Regulation for Federal Facilities (Executive Enterprises, Inc; Washington, D.C.)

Conference on Natural Resource Damages (Resources for the Future; Washington, D.C.)


Publications

"Reporting Releases of Contamination," Chapter 11, Environmental Regulation of Colorado Real Property (Bradford Publishing, 2010)

"Carbon Offsets from Soil and Forests - A Primer for Colorado Lawyers," Colorado Lawyer, November 2009 (co-author)

"Reporting Releases of Contamination," Chapter 11, Environmental Regulation of Colorado Real Property (Bradford Publishing, 2007)

"Environmental Issues and the Rule of Law," (presented at ABA International Rule of Law Symposium, New York, NY, April 2007)

"Governance through Guidance: Administrative Rulemaking by Interpretation." Proceedings of the Rocky Mountain Mineral Law Foundation Special Institute on Natural Resources and Environmental Administrative Law, September 2004

Inspect, Detect, Protect: Managing Environmental Risks (ABA Journal) April/May 2003

"Uncertain Legal Issues in Natural Resource Damage Actions," Chapter 3; Valuing Natural Assets: The Economics of Natural Resource Damage Assessment, Resources For the Future, Washington D.C., 1993

"State Actions for Natural Resources Damages: Enforcement of the Public Trust," Environmental Law Reporter; November 1987 (co-author)

"Enforcement of State Environmental Laws Against Federal Facilities," National Environmental Enforcement Journal, November 1986 (co-author)


Representative Cases

In addition to the cases identified, current and recent major cases handled by Howard include:

• Serving as Special Environmental Counsel for the Northwest Parkway Public Highway Authority as well as representing the E-470 Public Highway Authority in the same capacity
• Recent defense of major utility clients in regulatory enforcement action by the Colorado Air Pollution Control Division alleging visibility impairment in the Mount Zirkel Wilderness Area under provisions of the federal Clean Air Act and state Air Quality Regulations
• Serving as co-lead counsel for major utility companies defending federal citizen lawsuit alleging violation of Clean Air Act opacity regulations at a large power plant
• Current representation regarding potential liability for acquisition of assets, including property, located within the Denver Radium Superfund Site
• Providing advice and counsel to major utility concerning federal jurisdiction over isolated wetlands in light of recent U.S. Supreme Court decision and providing advice concerning potential appeal of U. S. Army Corps of Engineers' Jurisdictional Determination
• Representation concerning numerous permitting and regulatory issues arising under Colorado's Water Quality Control Act
• Representation of client in aggressive EPA Region 8 enforcement action alleging numerous major violations of Section 404 (wetlands) of federal Clean Water Act
• Current representation concerning client's potential liability, reporting requirements and cost recovery rights for property contaminated with PCBs and other contaminants from past owners and adjoining landowners
• Representation of client before Colorado Hazardous Waste Division in connection with contamination from former dry cleaning operations

• Represented City of Lakewood, one of the largest potentially responsible parties at the Lowry Landfill Superfund Site in Arapahoe County, and served as our client's representative on the Lowry Coalition, a consortium of the largest PRPs identified by EPA at the Site
• Represented the State of Colorado as lead counsel for trial team before the U. S. District Court for Colorado in the following Superfund cases:
  State of Colorado v. United States Army and Shell Oil Co. (Rocky Mountain Arsenal)
  • Colorado v. Gulf + Western, Inc. (Eagle Mine Superfund Site, Minturn, CO)
  • Colorado v. Asarco, et al. (California Gulch Superfund Site, Leadville, CO)
  • Colorado v. Asarco (Globeville Superfund Site, Commerce City, CO)
  • Colorado v. Union Carbide (Uravan Superfund Site, Uravan, CO)
  • Colorado v. Cotter Corporation (Cotter Mill Superfund Site, Canon City, CO)
  • Colorado v Idarado, Inc. (Idarado Superfund Site, Telluride and Ouray, CO)
• Successfully defended a third-party challenge to a client's Superfund de minimis settlement with the Environmental Protection Agency before the U. S. Court of Appeals for the 8th Circuit - Dravo Corporation v. Zuber Company
• Served as co-counsel for environmental issues and obtained $7.1 million jury verdict following three-week trial for insurance coverage at three contaminated sites for major utility company. Public Service Company of Colorado v. Lloyds of London, et al.
• Represented the City and County of Denver in several state and federal cases against responsible parties seeking recovery of costs for clean up of contamination at the former Stapleton International Airport. City and County of Denver v. Avis Rental Car Company; Denver v. Continental Airlines; Denver v. United Airlines
• Represented Stapleton Development Corporation concerning potential environmental liabilities and environmental remediation related to development of former Stapleton International Airport